First Energy Corp.; First Energy Solutions; FirstEnergy Nuclear Generation; FirstEnergy Nuclear Operating Company, 44676-44677 [2018-18923]

Download as PDF 44676 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES Saturday, October 6, 2018, Conference Room 1C3 and 1C5, 11601 Landsdown Street, North Bethesda, MD 20852 8:30 p.m.–12:00 p.m.: Preparation of ACRS Report/Retreat (Open/Closed)— The Committee will continue its discussion of the ACRS report and potential retreat items. [NOTE: A portion of this meeting may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy] Procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 4, 2017 (82 FR 46312). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Persons desiring to make oral statements should notify Quynh Nguyen, Cognizant ACRS Staff (Telephone: 301–415–5844, Email: Quynh.Nguyen@nrc.gov), 5 days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. The bridgeline number for the meeting is 866–822–3032, passcode 8272423#. Thirty-five hard copies of each presentation or handout should be provided 30 minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the Cognizant ACRS Staff one day before meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the Cognizant ACRS Staff with a CD containing each presentation at least 30 minutes before the meeting. In accordance with Subsection 10(d) of Public Law 92–463 and 5 U.S.C. 552b(c), certain portions of this meeting may be closed, as specifically noted above. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Electronic recordings will be permitted only during the open portions of the meeting. ACRS meeting agendas, meeting transcripts, and letter reports are VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 available through the NRC Public Document Room at pdr.resource@ nrc.gov, or by calling the PDR at 1–800– 397–4209, or from the Publicly Available Records System (PARS) component of NRC’s document system (ADAMS) which is accessible from the NRC website at https://www.nrc.gov/ reading-rm/adams.html or https:// www.nrc.gov/reading-rm/doccollections/#ACRS/. Video teleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service should contact Mr. Theron Brown, ACRS Audio Visual Technician (301–415–6702), between 7:30 a.m. and 3:45 p.m. (ET), at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the video teleconferencing link. The availability of video teleconferencing services is not guaranteed. Dated: August 28, 2018. Russell E. Chazell, Federal Advisory Committee Management Officer, Office of the Secretary. [FR Doc. 2018–18933 Filed 8–30–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–334, 50–412, 50–346, and 50–440; NRC–2018–0174] First Energy Corp.; First Energy Solutions; FirstEnergy Nuclear Generation; FirstEnergy Nuclear Operating Company Nuclear Regulatory Commission. ACTION: 10 CFR 2.206 request; receipt. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is giving notice that by petition dated March 27, 2018, Environmental Law and Policy Center (ELPC) (the petitioner) has requested that the NRC take enforcement action with regard to First Energy Corp. (FE), First Energy Solutions (FES), FirstEnergy Nuclear Generation (NG), and FirstEnergy Nuclear Operating Company (FENOC). The petitioner’s requests are included in the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Please refer to Docket ID NRC–2018–0174 when contacting the NRC about the availability of information regarding this document. SUMMARY: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0174. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the ‘‘Availability of Documents’’ section of this document. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Bhalchandra K. Vaidya, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3308; email: Bhalchandra.Vaidya@nrc.gov; or Perry Buckberg, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–1383; email: Perry.Buckberg@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. On March 27, 2018, the petitioner requested that the NRC take enforcement action with regard to FE, FES, NG, and FENOC operations in Ohio and Pennsylvania at Beaver Valley Power Station (BVPS), Units 1 and 2; Davis-Besse Nuclear Power Station (DBNPS), Unit 1; and Perry Nuclear Power Plant (PNPP), Unit 1 (ADAMS Accession No. ML18094A642). The petitioner requested that the NRC take the following actions: SUPPLEMENTARY INFORMATION: E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES (A) Demands for Information (1) Promptly issue a Demand for Information to FE, FES, NG, and FENOC requesting site-specific decommissioning funding plans for the BVNPS, DBNPS, and PNPP; (2) Promptly issue a Demand for Information to FE, FES, NG, and FENOC regarding their reliance on external trust funds from FE and FES to satisfy their decommissioning financial obligations; (3) Promptly issue a Demand for Information to FE, FES, NG, and FENOC regarding their continued reliance on Parent Guarantees from FE to satisfy decommissioning funding obligations, including the ability of FE to satisfy the Parent Guarantee financial test under title 10 of the Code of Federal Regulations (10 CFR) part 30, appendix A; (4) Promptly issue a Demand for Information to FES, NG, and FENOC to the extent that they are relying on Parent Guarantees from FES to satisfy decommissioning funding obligations, including the ability of FES to satisfy the Parent Guarantee financial test under 10 CFR part 30, appendix A; (5) Promptly issue a Demand for Information to FE, FES, NG, and FENOC regarding their proposed investment and financial contribution plans to make up the current decommissioning shortfall; and (6) Promptly issue a Demand for Information to FE and FES, respectively, regarding each of their commitments to guarantee NG and FENOC’s decommissioning shortfall in the event of bankruptcy. (B) Notice of Violation and Penalties (1) Promptly issue a Notice of Violation against FE, FES, NG, and FENOC for operating nuclear facilities without sufficient decommissioning funds in violation of 42 United States Code Annotated (U.S.C.A.), Section 2201(x)(1) and 10 CFR 50.75; (2) Promptly issue civil penalties against FE, FES, NG, and FENOC for operating nuclear facilities without sufficient decommissioning funds in violation of 42 U.S.C.A. Section 2201(x)(1) and 10 CFR 50.75; and (3) Promptly issue an Order to suspend NG, and FENOC’s licenses for BVNPS, DBNPS, and PNPP. The ELPC also urges the NRC to prohibit NG and FENOC from placing their nuclear facilities into SAFSTOR for purely financial reasons. In addition, ELPC requests that this Petition be given immediate emergency consideration in light of FE’s and FES’ rapidly deteriorating financial conditions. The basis for ELPC’s request is summarized below: VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 1. NG and FENOC’s decommissioning trust amounts are insufficient on their own to provide reasonable assurance of funding. 2. FE cannot rely on rate increases forced on retail ratepayers to pay for the decommissioning trust fund shortfalls. 3. The costs, including SAFSTOR costs, may still be much higher than expected due to significantly higher shortfalls as reported by the Callan Institute and recognized flaws in the NRC’s cost estimate formula. 4. On March 28, 2018, FES and FENOC announced that they would permanently retire all four of their reactors within the next 3 years. If plants close in 2020 and 2021, the funds cannot grow to levels that will pay for complete decommissioning. 5. Parent companies FE and FES filed for bankruptcy on March 31, 2018. The request is being treated pursuant to 10 CFR 2.206 of the Commission’s regulations. The request has been referred to the Director of the Office of Nuclear Reactor Regulation. As provided by 10 CFR 2.206, appropriate action will be taken on this petition within a reasonable time. The petitioner met with the Petition Review Board on June 19, 2018, to discuss the petition; the transcript of that meeting is a supplement to the petition (ADAMS Accession No. ML18194A395). The petition and the results of the discussion at the June 19, 2018, meeting would be considered in establishing the schedule for the review of the petition. Dated at Rockville, Maryland, this 27th day of August 2018. For the Nuclear Regulatory Commission. Ho K. Nieh, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2018–18923 Filed 8–30–18; 8:45 am] NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–454 and 50–455; NRC– 2018–0186] Exelon Generation Company, LLC; Byron Station, Unit Nos. 1 and 2 Nuclear Regulatory Commission. ACTION: License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Facility SUMMARY: Frm 00116 Fmt 4703 Operating License Nos. NPF–37 and NPF–66, issued to Exelon Generation Company (EGC), LLC, for operation of the Byron Station, Unit Nos. 1 and 2. The proposed amendment extends the Completion Time for Technical Specification 3.8.1, ‘‘AC SourcesOperating,’’ Required Action A.2, on a one-time, temporary basis based on a risk-informed approach. DATES: Submit comments by October 1, 2018. Requests for a hearing or petition for leave to intervene must be filed by October 30, 2018. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0186. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Joel S. Wiebe, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6606, email: Joel.Wiebe@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information BILLING CODE 7590–01–P PO 00000 44677 Sfmt 4703 Please refer to Docket ID NRC–2018– 0186 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0186. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44676-44677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18923]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334, 50-412, 50-346, and 50-440; NRC-2018-0174]


First Energy Corp.; First Energy Solutions; FirstEnergy Nuclear 
Generation; FirstEnergy Nuclear Operating Company

AGENCY: Nuclear Regulatory Commission.

ACTION: 10 CFR 2.206 request; receipt.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is giving notice 
that by petition dated March 27, 2018, Environmental Law and Policy 
Center (ELPC) (the petitioner) has requested that the NRC take 
enforcement action with regard to First Energy Corp. (FE), First Energy 
Solutions (FES), FirstEnergy Nuclear Generation (NG), and FirstEnergy 
Nuclear Operating Company (FENOC). The petitioner's requests are 
included in the SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Please refer to Docket ID NRC-2018-0174 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0174. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document. In addition, for the 
convenience of the reader, the ADAMS accession numbers are provided in 
a table in the ``Availability of Documents'' section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Bhalchandra K. Vaidya, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3308; email: 
[email protected]; or Perry Buckberg, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1383; email: [email protected]. 
Both are staff of the U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION: On March 27, 2018, the petitioner requested 
that the NRC take enforcement action with regard to FE, FES, NG, and 
FENOC operations in Ohio and Pennsylvania at Beaver Valley Power 
Station (BVPS), Units 1 and 2; Davis-Besse Nuclear Power Station 
(DBNPS), Unit 1; and Perry Nuclear Power Plant (PNPP), Unit 1 (ADAMS 
Accession No. ML18094A642). The petitioner requested that the NRC take 
the following actions:

[[Page 44677]]

(A) Demands for Information

    (1) Promptly issue a Demand for Information to FE, FES, NG, and 
FENOC requesting site-specific decommissioning funding plans for the 
BVNPS, DBNPS, and PNPP;
    (2) Promptly issue a Demand for Information to FE, FES, NG, and 
FENOC regarding their reliance on external trust funds from FE and FES 
to satisfy their decommissioning financial obligations;
    (3) Promptly issue a Demand for Information to FE, FES, NG, and 
FENOC regarding their continued reliance on Parent Guarantees from FE 
to satisfy decommissioning funding obligations, including the ability 
of FE to satisfy the Parent Guarantee financial test under title 10 of 
the Code of Federal Regulations (10 CFR) part 30, appendix A;
    (4) Promptly issue a Demand for Information to FES, NG, and FENOC 
to the extent that they are relying on Parent Guarantees from FES to 
satisfy decommissioning funding obligations, including the ability of 
FES to satisfy the Parent Guarantee financial test under 10 CFR part 
30, appendix A;
    (5) Promptly issue a Demand for Information to FE, FES, NG, and 
FENOC regarding their proposed investment and financial contribution 
plans to make up the current decommissioning shortfall; and
    (6) Promptly issue a Demand for Information to FE and FES, 
respectively, regarding each of their commitments to guarantee NG and 
FENOC's decommissioning shortfall in the event of bankruptcy.

(B) Notice of Violation and Penalties

    (1) Promptly issue a Notice of Violation against FE, FES, NG, and 
FENOC for operating nuclear facilities without sufficient 
decommissioning funds in violation of 42 United States Code Annotated 
(U.S.C.A.), Section 2201(x)(1) and 10 CFR 50.75;
    (2) Promptly issue civil penalties against FE, FES, NG, and FENOC 
for operating nuclear facilities without sufficient decommissioning 
funds in violation of 42 U.S.C.A. Section 2201(x)(1) and 10 CFR 50.75; 
and
    (3) Promptly issue an Order to suspend NG, and FENOC's licenses for 
BVNPS, DBNPS, and PNPP.
    The ELPC also urges the NRC to prohibit NG and FENOC from placing 
their nuclear facilities into SAFSTOR for purely financial reasons. In 
addition, ELPC requests that this Petition be given immediate emergency 
consideration in light of FE's and FES' rapidly deteriorating financial 
conditions.
    The basis for ELPC's request is summarized below:
    1. NG and FENOC's decommissioning trust amounts are insufficient on 
their own to provide reasonable assurance of funding.
    2. FE cannot rely on rate increases forced on retail ratepayers to 
pay for the decommissioning trust fund shortfalls.
    3. The costs, including SAFSTOR costs, may still be much higher 
than expected due to significantly higher shortfalls as reported by the 
Callan Institute and recognized flaws in the NRC's cost estimate 
formula.
    4. On March 28, 2018, FES and FENOC announced that they would 
permanently retire all four of their reactors within the next 3 years. 
If plants close in 2020 and 2021, the funds cannot grow to levels that 
will pay for complete decommissioning.
    5. Parent companies FE and FES filed for bankruptcy on March 31, 
2018.
    The request is being treated pursuant to 10 CFR 2.206 of the 
Commission's regulations. The request has been referred to the Director 
of the Office of Nuclear Reactor Regulation. As provided by 10 CFR 
2.206, appropriate action will be taken on this petition within a 
reasonable time.
    The petitioner met with the Petition Review Board on June 19, 2018, 
to discuss the petition; the transcript of that meeting is a supplement 
to the petition (ADAMS Accession No. ML18194A395). The petition and the 
results of the discussion at the June 19, 2018, meeting would be 
considered in establishing the schedule for the review of the petition.

    Dated at Rockville, Maryland, this 27th day of August 2018.

    For the Nuclear Regulatory Commission.
Ho K. Nieh,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-18923 Filed 8-30-18; 8:45 am]
 BILLING CODE 7590-01-P
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